Draft - Documents & Reports - All Documents | The World …documents.worldbank.org/curated/en/616521468752743960/... · Web viewTABLE OF CONTENT EXECUTIVE SUMMARY ABBREVIATIONS AND

Cover Safeguards USDRP

URBAN SECTOR DEVELOPMENT REFORM PROGRAM (USDRP)Japanese Grant No. T F 026836 through IBRD

Safeguard Framework for USDRPEnvironment

TABLE OF CONTENT

EXECUTIVE SUMMARY....................................................................................................................

ABBREVIATIONS AND ACRONYMS................................................................................................

EXECUTIVE SUMMARY....................................................................................................................

1. NATURE OF THE USDRP PROGRAM AND SUBPROJECTS..............................................1

2. USDRP PROJECT CYCLE OVERVIEW................................................................................2

3. ENVIRONMENT..................................................................................................................... 4

3.1. Basic Principles..........................................................................................................4

3.2. Subproject Category..................................................................................................5

3.3. Content of AMDAL Report.........................................................................................6

3.4. AMDAL Procedures and Public Consultation.............................................................8

3.5. Regulation and Environmental Check List for UKL/UPL and SOP...........................11

4. FUNCTION AND RESPONSIBILITIES OF INSTITUTIONS INVOLVED..............................11

4.1. Involved Agencies at Local Level.............................................................................11

4.2. Involved Agencies at National Level........................................................................12

4.3. Institutional Arrangement.........................................................................................13

5. LEGAL CONSIDERATION....................................................................................................13

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TABLE OF ANNEX

Annex 1: Project Type Map

Annex 2: USDRP Safeguard Organization

Annex 3: Type of Sector and Project Scale that require AMDAL or UKL/UPL

Annex 4: Environment Checklist for each Subproject Activity

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ABBREVIATIONS AND ACRONYMS

AC Appraisal Committee – it is established at Central Level to decide on eli-gibility of proposed ULG subprojects based on the stipulations of KMK 35/2003

AMDAL (Analisis Mengenai Dampak Lingkungan) General Framework for Envi-ronmental Assessment (typically comprises ANDAL & RKL / RPL)

AMDAL Committee An authorized agency responsible to review and appraise ANDAL and RKL/RPL – also called Komisi Penilai (Appraising Committee)

ANDAL (Analisis Dampak Lingkungan) Comprehensive EA

APBD Annual Local Government Budget

Bapedalda Environmental Impact Management Agency – Local Level

Bupati Head of (Kabupaten) District

DAU Block Grant from Central Government to Local Governments

Dinas Line Department within a Local Government

DPRD Local Council of a Kabupaten or a Kota

EA Environmental Assessment

EMP Environmental Management Plan(in accordance to RKL / RPL if ANDAL is required)

GOI Government of Indonesia

IUIDP Integrated Urban Infrastructure Development Project

Kabupaten District

Kecamatan

Kelurahan

An administrative unit below district

An administrative unit kecamatan

Kota Municipality

KIMPRASWIL Ministry of Settlements and Regional Infrastructure

KMK 35/2003 Ministerial Degree No 35 of 2003 to regulate On-lending and On-grant-ing Conditions of Donor Loans

Musbangkel (Kelurahan) Sub-district Level Development Dialog -- a forum where in-terests and aspirations of citizens who live within a kelurahan are dis-cussed and noted;

Musbangkot City Level Development Dialog -- interests and aspirations from each kelurahan are discussed further to formulate a city-level development agenda

NGO Non-Governmental Organization

NMC National Management Consultant

NOL No Objection Letter

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PJM (Program Jangka Menengah) 5-year Development Plan at Local Gov-ernment Level

Rakorbang (Rapat Koordinasi Pembangunan) Development Coordination Meeting – a forum where city-level development agenda is discussed / synchro-nized with the available funds and medium-term development strategy (PJM)

RKL / RPL (Rencana Pengelolaan Lingkungan / Rencana Pemantauan Lingkungan) Environmental Management Plan / Environmental Monitoring Plan as an integrated part of ANDAL

SK (Surat Keputusan) ULG Degree, issued by Walikota or Bupati

SF Stakeholders Forum

SMT Safeguard Monitoring Team

UIDF Urban Institutional Development Facility

UKL / UPL (Upaya Pengelolaan Lingkungan / Upaya Pemantauan Lingkungan) En-vironmental Management Proposal / Environmental Monitoring Proposal, or simplified EMP, for subprojects that do not require ANDAL

ULG Urban Local Government

USDRP Urban Sector Development Reform Program

Walikota Mayor of a (Kota) Municipality

WB World Bank

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EXECUTIVE SUMMARY

The Urban Sector Development Reform Project (USDRP) supports the establishment of accountable governments through the implementation of municipal governance reforms, institutional development and finances priority urban investments at the local level. This integrated approach emphasizing the synergy among these three elements is one of the most important strategic design features of USDRP. It is expected that financing for prior-ity investments will provide the participating ULGs with strong incentive for delivering gov-ernance reforms according to the reform action plans agreed by the Government of In-donesia and the Bank. Besides their direct socio-economic, financial and environmental positive impacts, urban investments will provide concrete occasions where the gover-nance reforms are applied in terms of stakeholders’ participation in investment prioritiza-tion, competitive procurement and transparent financial reporting.

Participating ULGs prepared medium term investment programs (PJM) together with the representatives of the local stakeholder forum, which form the basis for investment pro-posals under this project. These investment proposals are an integral part of the ULG budgeting process. While small- and medium-sized sub-projects are likely to be pro-posed on a yearly basis, big sub-projects are expected to be proposed as multi-year im-plementation programs. Such multi-year sub-projects should have an MOU between the executive, the DPRD and the non-governmental component within the stakeholder forum, to ensure that there is enough budget support in subsequent years for this proposal. Un-der this arrangement only the first-year program will be identified in detail in terms of na-ture and possible impacts on the environment. The project will not allow first year invest-ment proposals that have significant environment impacts whose impact analyses and measurement cannot be finished within the first year sub-project and local budget cycle. Therefore, this safeguard framework is intended mainly for the second year onwards.

The objective of this USDRP safeguard framework is to provide for all parties involved a common platform in analyzing, planning, implementing, operating and monitoring poten-tial subprojects in line with Bank requirements and the prevailing Indonesian laws on en-vironmental impacts. The safeguard framework should help participating ULGs ensuring a systematic evaluation of subprojects against environmental risks; to reduce and man-age adverse risks; to promote environmental benefits; and to ensure full disclosure and meaningful consultation with affected people.

The Urban Sector Development and Reform Project (USDRP) is considered as a cate-gory “A” project. The principles issues which are addressed hereinafter comprise the fol-lowing safeguard components:

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Safeguard Policies Triggered by the Project Yes No

Environmental Assessment (OP/BP/GP 4.01) [x] [ ]

Natural Habitats (OP/BP 4.04) [ ] [x]

Pest Management (OP 4.09) [ ] [x]

Cultural Property (OPN 11.03, being revised as OP 4.11) [ ] [x]

Involuntary Resettlement (OP/BP 4.12) [x] [ ]

Indigenous Peoples (OD 4.20, being revised as OP 4.10) [x] [ ]

Forests (OP/BP 4.36) [ ] [x]

Safety of Dams (OP/BP 4.37) [ ] [x]

Projects in Disputed Areas (OP/BP/GP 7.60) [ ] [x]

Projects on International Waterways (OP/BP/GP 7.50) [ ] [x]

Environmental assessment and mitigation plans may be produced in the form of: (i) AM-DAL (or ANDAL in combination with RKL/RPL), or (ii) UKL/UPL, depending on impact cat-egory of the concerned subproject. The selection of the environmental category for each subproject is determined through the application of criteria set-forth in this framework.

A. This safeguard also describes implementing and monitoring agencies of AMDAL and UKL/UPL. This institutional arrangement also applies to other aspects of the safeguard mechanism, namely the land acquisition and re-settlement, and indigenous and vulnerable people (IVP), and therefore, each aspect does not require a different arrangement or agencies.

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1. NATURE OF THE USDRP PROGRAM AND SUBPROJECTS

The objective of the Urban Sector Development Reform Program (USDRP, or “the project”) is to support local governments in their efforts to alleviate poverty, to stimulate the develop-ment of local/regional economy, and to improve the delivery of sustainable and demand-driven urban services. The ultimate goal of these efforts is to improve the living quality of the urban population. To be able to achieve these objectives the project will ensure that partici-pating urban local governments (ULGs):

A. Select prioritized investments for infrastructure development that are based on an agreed long-term development strategy and medium term development plan (PJM);

B. Engage in governance reforms that foster participation, transparency, and ac-countability as well as internal management reforms focusing on procurement of goods and services and financial management;

C. Develop institutional and regulatory capacity for better delivery of urban ser-vices;

D. Determine and implement priority investments in both a participatory and ac-countable way.

USDRP is responding to the needs under a decentralized and democratic environment of the civil society. USDRP is building on the approach taken by other urban development projects, such as the prominent IUIDP (Integrated Urban Infrastructure Development Pro-gram), where investment in infrastructure was a primary objective. In contrast, USDRP views urban development in a more comprehensive way, therefore investment in infrastruc-ture is only one part of a broad-based development approach. Other strategic elements in-clude the establishment and implementation of comprehensive governance reforms and im-provement of the delivery capacity for public service of participating ULGs.

The USDRP is encouraging the participating ULG to identify subprojects through an “open menu”1 approach. To satisfy the entire needs for urban development participating ULGs have the opportunity to invest without sector specific limitations. The main investment sec-tors concerned comprise: public works and transportation. The process of identification and selection of subprojects needs to be conducted in a participatory way, involving local govern-ment, council, and the stakeholders forum (SF).

Consistent to this approach USDRP does not determine a ceiling amount for a proposed subproject. However, the proposed subprojects should be socially, environmentally, and economically viable and in line with an approved medium term development plan (PJM). The total amount of money borrowed by the participating ULGs depends upon their financial capacities.

As the name USDRP suggests investment related to this project will only be carried out in urbanized area and will not enter into protected areas. This dictates the types of safeguard framework needed to support most of the subprojects, i.e. environment, and land acquisition and resettlement. This environmental framework is a part of such safeguard frameworks.

All future USDRP related subproject proposals shall meet those requirements set forth here-inafter. In addition, it should be acknowledged that this safeguard framework is part of the 1 Annex 1 is an indicative list of possible subprojects that are eligible for USDRP finance

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loan negotiation documents and should, therefore, have been agreed by all participating ULGs prior to loan negotiations. In the event that selected investment projects were identi-fied before the negotiation, the negotiation documents should include the summary of AM-DAL, or UKL/UPL. Serious violation of requirements will intercept the program for those in-vestment projects that do not conform to this framework.

2. USDRP PROJECT CYCLE OVERVIEW

The following overview is a generic, and in a way idealistic, illustration of required sub-project development steps and their interaction within three mainstream activities, namely: (i) routing budget planning approach of Indonesian ULGs, (ii) technical stages required in sub-project development, and (iii) safeguard measures and activities. Participating USDRP ULGs are requested to consider the staging and elements of this overview as a minimum re-quirement for subproject preparation.

The approach applies for single, as well as multiyear investment projects. The significance is that the concerned ULG needs to allocate adequate counterpart budgets for each fiscal year individually, even though prior endorsement was given by the local government assem-bly for the construction of a multi-year subproject. To secure the allocation of local counter-part funds it is required for the ULG to enter into a MOU with the local council (DPRD).

With regard to budget allocation for safeguard requirements, the following should be noted that budgets for the preparation of ANDAL and RKL/RPL should be allocated simultaneously with the budget for project planning and design, either through the local budget (APBD) or the USDRP specific UIDF, which is providing grants for project preparation. These budgets are typically allocated one year prior to investment. Budgets for monitoring and implementa-tion of the management plan should be allocated in the local budget during the implementa-tion stage.




Table 1: USDRP Project Planning Cycle

Months ULG Budget Planning Process

Subproject De-velopment Stages

Safeguard Issues2

Environmental Aspects

February Dinas prepares their budget proposals

ULG establishes US-DRP project implemen-tation units (PIU)

Bapedalda and AMDAL Committee3 is established at each government level (ULG, Province, Central) prior to com-mencement of USDRP activities.

Safeguards Monitoring Team (SMT) is established at each ULG level. SMT establishes screening criteria and requirements for USDRP subprojects, especially for envi-ronmental aspects, based on this Safeguard Framework.

March Musbangkel Proponent (Dinas) syn-chronizes PJM and their subproject proposals – the output is a list of pri-ority subprojects.

SMT discusses with the proponent screening criteria and requirements4

Dinas and relevant local agencies (AMDAL Committee, or Bapedalda for environmental aspects screen the subpro-ject proposals for the following aspects:

a. Environment:

- confirm that the subprojects are not in the negative list;- decide whether the subprojects need AMDAL, UKL/UPL,

SOP, or nothing.

List of subprojects prior-ity has been developed

2 The following cycle is typical for UKL/UPL. The time frame for AMDAL needs to be addressed and established from case to case depending on the nature of the proposed subprojects3 Within the context of this cycle the term AMDAL Committee refers to the institutional arrangement which is en-gaged in the review and approval of AMDAL. This Committee might be also be consulted in general environmen-tal issues. According to prevailing regulation, AMDAL Committees, which are responsible to review AMDAL doc-uments, are either: Central AMDAL Committee, or Provincial AMDAL Committee, or ULG AMDAL Committee. Those Committees are not hierarchical; each has a separate jurisdiction depending upon several factors. Article 11 (1) of Government Regulation (PP) No. 27/1999 concerning AMDAL states: Central AMDAL Committee is re-sponsible to review AMDAL which has elements of national strategic and/or is related to state defense, with im-pacts that covers more than 1 Province, located in conflict areas with (an)other state/s, located in the sea, and/or its location also covers jurisdiction of (an)other state/s. Article 11 (2) states that local (Provincial or Municipality/District) AMDAL Committee is responsible to review AMDAL which has elements not included in the above crite-ria.4 See screening criteria and requirements for environmental aspects at Annex 3,.




Months ULG Budget Planning Process

Subproject De-velopment Stages

Safeguard Issues

Environmental Aspects

May ULG conducts Rakor-bang to discuss, for-mulate, and synchro-nize proposed sub-projects with PJM and to estimate budget availability

Subprojects that will be financed through US-DRP, or other sources, have been determined.

Proponent prepares budget for large and complex subprojects that require AMDAL and Comprehensive LARAP and proposed to be implemented in the next fiscal year

Proponent conducts feasibility study (FS)

Proponent prepares: draft UKL/UPL and submits it to Bapedalda for a review.

Submit FS, request subproject approval and subproject finance to Appraisal Committee (AC)

October Information on DAU (central government grant to local govern-ment)

ULG mobilizes consul-tants to prepare DED & tender documents

Bapedalda approves UKL/UPL

Nov./

Dec.

Budget approval The Bank finishes reviewing a sample (which is taken ran-domly) of UKL/UPL

Prepare USDRP project budgets

Tender out and imple-ment works

Proponent implements UKL/UPL. SMT oversees the im-plementation of UKL/UPL and conducts necessary moni-toring.

Proponent starts preparing AMDAL for large-scale and complex subprojects that need to be accompanied by AM-DAL. AMDAL is expected to finish at the time the USDRP budget for that subproject is ready (January)




3. ENVIRONMENT

1.1. Basic Principles

Principles of the AMDAL are outlined below. Consequently, any proposed ULG subproject conforms to, and ensures, the recognition of these principles.

A. Environmental assessment and mitigation plans may be produced in the form of: (i) AMDAL (or ANDAL in combination with RKL/RPL), or (ii) UKL/UPL, depending on im-pact category of the concerned subproject (see below list of Categories). The selec-tion of the environmental category for each subproject is determined through the ap-plication of criteria set-forth in this framework.

B. AMDAL or UKL/UPL should be viewed as a quality enhancement tool. As such, it is recommended that AMDAL or UKL/UPL form an integrated part together with techni-cal, economic, social, institutional, and financial analysis of any proposed subproject.

C. USDRP will not support any investment that will create significant adverse and irre-versible environmental impacts beyond the capacity of the concerned ULGs to man-age.

D. As far as possible, subprojects must avoid, or minimize, negative impacts on the en-vironment. Design alternatives, including non-project alternative, must be studied thoroughly before any subproject is submitted. Accordingly, subprojects must be de-signed to maximize positive impacts.

E. Subprojects that are predicted to cause large and important (negative) impacts to the environment, and those impacts could not be mitigated through design and construc-tion practices, must be accompanied by an AMDAL .

F. There will be no subprojects under USDRP that affect any critical natural habitat, in-digenous people, protected areas, international waterways, or disputed areas. Addi-tionally, the project will not finance the following items:

i) Ozone-depleting substances, tobacco or tobacco products: No subpro-jects using or producing these materials will be financed.

ii) Asbestos. No asbestos-containing materials will be financed. Special mitigation measures to address any issues with existing asbestos in any pro-posed sub-project (e.g. renovation of buildings that may have used asbestos) will be applied.

iii) Hazardous materials and wastes. No subproject will be financed that uses, produces, stores or transports hazardous materials (toxic, corrosive or explosive) or material that classified as "B3" (hazardous wastes) in Indone-sian law.

iv) Pesticides, herbicides, and insecticides. No subprojects that purchase pesticides, herbicides, or insecticides will be financed.

v) Construction of dams. No construction or rehabilitation of dams, or any in-vestment that rely on the performance of an existing dam, or a dam under construction, will be financed through USDRP.

vi) Cultural property. No subproject will be financed that would degrade or damage cultural property, including not only physical artifacts and structures but also sites considered sacred or otherwise having spiritual importance.




vii) Logging operation. No subprojects that are linked to logging or procure-ment of logging equipments will be financed

G. For practical reasons it is suggested that first-year investment subprojects that are proposed by any participating ULGs should not trigger the elaboration of an AMDAL. Such subprojects may be included in the second year of USDRP implementation, or thereafter.

1.2. Subproject Category

This environmental safeguard applies during all stages of development, i.e.: subproject pro-posal, planning, implementation, and operation. Each subproject will be scrutinized against screening criteria set forth in the National regulation and operational policies of the Bank. According to Operational Policies 4.01 of the Bank, any USDRP subproject could be catego-rized into one of the following three categories. Equivalent categorization based on National regulation is also shown in the table.

Table 2: Category of Subprojects

Category Impacts Bank Re-quirement

GOI Re-quirement

A Subprojects are characterized creating sig-nificant adverse environment impacts, with regard to sensitivity, diversity, irreversibil-ity, and/or unprecedented impacts.

Comprehensive EA and EMP

ANDAL and RKL/RPL *)

B Subprojects are characterized being small in volume and size, implying reversible en-vironmental impacts.

Simplified EA and EMP

UKL/UPL

C Subprojects do not comprise construction works, and do not cause air, soil and water contamination.

No EA required No AMDAL or UKL/UPL required.

*) see Annex 3, attached: Decree of the State Minister of the Environment No. 17/2001 con-cerning Types of Activities which should be accompanied by AMDAL; and decree of the Min-ister of Settlement and Regional Infrastructure no. 17/KPTS/M/2003 concerning activities in the field of Settlement and Regional Infrastructure which should be accompanied by an UKL/UPL

Law no. 23/1997 concerning Environmental Management, Article 15(1) states that any plan of activity or work that possibly creates large and significant environmental impacts must be accompanied by an AMDAL. Government Regulation (Peraturan Pemerintah, or PP) no.




27/1999 concerning AMDAL, Article 5(1) furthermore elaborates criteria of large and signifi-cant impacts that include: (i) influence a large number of people, area, and environmental components; (ii) impacts are intense, occur during a long period of time, they are cumulative, and irreversible.

1.3. Content of AMDAL Report

The following is a listing of items that should be included in any subproject analysis and re-port. More detailed outline on ANDAL and RKL/RPL preparation is described in the Project Implementation Plan (PIP) document.

A. Contents of an ANDAL report should include, as a minimum requirement, the follow-ing sections:

i) Executive summary

ii) Introduction, including policy, legal, institutional, and administrative frame-work of the study

iii) Scope of the study in terms of substances to be analyzed and spatial boundaries of the observation

iv) Methods of the study, including methods of data collection and analysis, impacts estimation, and evaluation

v) Detailed technical subproject description

vi) Baseline data with regard to the municipality, project environment and subproject

vii) Environmental and social impact prediction, including indirect and cumula-tive impacts

viii) Analysis of alternatives, including non-project alternatives

ix) Evaluation of large and important impacts

x) Appendices of supporting subproject documents, including the process of public consultations and summary of achieved results

The extent, depth, and type of analysis depend on the nature, scale, and potential environ-mental impact of the proposed subproject. The proponent evaluates and the AMDAL com-mittee approves a subproject’s potential environmental risks and impacts, examines subpro-ject alternatives, identifies ways of improving subproject selection, location, planning, design, and implementation by preventing, minimizing, mitigating, or compensating for adverse envi-ronmental impacts and enhancing positive impacts.

B. Contents of an RKL/RPL report should include, as a minimum requirement, the fol-lowing sections:

i) Executive summary

ii) Introduction

iii) Approaches of Environmental Management (technology, socio-economic, institutional)

iv) Environmental Management Plan (RKL)




● Large and important environmental impacts and their sources: environ-mental components that may be affected and sources of impacts

● Indicators of impacts● Purposes of environmental management ● Management plan and mitigating measures during pre-construction, con-

struction and operation periods● Locations and periods of mitigation.● Budget and schedule● Institutional arrangement: responsible agencies, and reporting relationship

v) Environmental Monitoring Plan (RPL)

● Large and important impacts to be monitored● Sources of impacts ● Monitoring indicators● Purpose of environmental monitoring;● Methods and locations of monitoring● Budget and schedule● Institutional arrangement: responsible agencies, and reporting relationship

RKL/RPL should describe a set of mitigation, monitoring, and institutional measures that need to be exercised during implementation and operation of the subproject to eliminate ad-verse environmental and social impacts, offset them, or reduce them to acceptable levels. Most important is to allocate clear and adequate interfaces of responsibilities to the institu-tions and stakeholders involved.

1.4. AMDAL Procedures and Public Consultation

Proponents need to work closely together with the potentially affected people (PAP) and need to coordinate with the AMDAL committee for following essential steps:

A. Decision to determine appropriate subproject category and selection of ade-quate safeguard requirements (as illustrated in Table 3 above),

B. preparation and approval of TOR for the preparation of adequate safeguards documents, and

C. preparation and approval of safeguard documents

The following figure is illustrating the procedures involved to implement environmental as-sessments and management documents. Figure 1 should be read as an integrated part of the subproject cycle, as illustrated in Table 1 above.




Figure 1: Procedures of AMDAL


Bapedalda reports its monitoring and evaluation to State Minister of the Environment (at least twice a year) cc licensing agency and the Governor

No

ANDAL

Yes

No

No

ANDAL

No

Bapedalda reports its monitoring and evaluation to State Minister of the Environment (at least twice a year) cc licensing agency and the Governor



During the preparation of ANDAL and RKL/RPL the proponent has to ensure to conduct min-imum procedural requirements, comprising the following elements:

A. Approval: Relevant AMDAL Committee is the authorized agency responsible to review and appraise TOR and draft of ANDAL and RKL/RPL. Proceeding approval of the TOR and draft ANDAL and RKL/RPL, proponent will conduct consultations with the Stakeholders Forum and the PAP. These consultations are mandatory, and results of the consultations must be recorded as an inte-grated part of the ANDAL report.

B. Reporting: Administratively, the AMDAL Committee reports their activities to their respective superior authorities, i.e Mayor or Bupati (for Kota/Kabupaten




AMDAL Committee), or Governor (for Provincial AMDAL Committee). The proponent must report the implementation of RKL/RPL to relevant agencies as noted in Figure 1 above, and Table 4 below.

C. Monitoring: The subproject proponent is the principal agency responsible to conduct subproject-related environmental monitoring. However, Bapedalda is the government agency responsible to monitor environmental quality within their jurisdiction. In that respect Bapedalda may be asked to supervise moni-toring activities of the proponent to ensure their conformity with prevailing standards and regulations.

Public Consultations during ANDAL and RKL/RPL preparation and RKL/RPL imple-mentation will take the following aspects into consideration:

A. To avoid bias during the decision making process because of a possible con-flict of interests among the stakeholders within local governments – (they are involved as proponent as well as permanent members and secretariat of the AMDAL Committee) - consultations with the Stakeholder Forum and PAP are mandatory. Consequently, comments made during public consultation with regard to social and/or environmental impacts of the proposed subproject must be adequately addressed and answered and accommodated in the AN-DAL and RKL/RPL.

B. Government Regulation (PP) No. 27/1999 concerning AMDAL article 33 (3) states that within 30 days after the announcement of the proposed subproject, concerned parties, including PAP, local NGOs, and other concerned stake-holders may give their comments, suggestions, and complaints to the propo-nent in charge of subproject development.

C. During the AMDAL process the proponent informs the Stakeholders Forum, and other local NGOs that are not represented in the Stakeholders Forum, and the PAP, discusses the subproject’s environmental and social aspects and impacts and takes their views into account. The proponent consults these groups at least twice: (i) shortly after environmental screening and be-fore the terms of reference (TOR) is finalized; and (ii) after the draft ANDAL and RKL/RPL reports are prepared and ready for evaluation (by the AMDAL Committee). In addition, the proponent consults with these groups throughout subproject implementation, as necessary, to readdress AMDAL-related issues and subproject impacts.

D. For meaningful consultations among the proponent, the Stakeholders Forum, local NGOs, and PAP, the proponent provides all relevant material in a timely manner prior to the consultation process and in a form and language that are understandable and accessible to the groups and people that will be con-sulted. The material includes a summary of the proposed subproject’s objec-tives, detailed technical description, and comprehensive illustration of poten-tial impacts. For consultations after the draft ANDAL and RKL/RPL reports are prepared, the proponent provides a summary of the ANDAL and RKL/RPL, including conclusions and recommendations. In addition, the proponent must also disclose the draft of ANDAL and RKL/RPL or UKL/UPL reports available to the public for an unlimited period of time, accessible to the Stake-holder Forum, and local NGOs.




E. With regard to environmental and social issues there must be transparent public complaint procedures in place. Public complaints must be resolved prior to the tender phase of the concerned subproject. Complaints filed at any time prior construction, during construction and/or operation of the subproject need to be solved amicably between the proponent and the complaining party. Complaints that cannot be solved by the proponent within a period of 30 calendar days should be forwarded to the Safeguard Monitoring Team for mediation. In the event that complaints that are filed prior to construction can-not be solved amicably within one year, the construction of the subproject should be altered, or adjusted, or postponed.

1.5. Regulation and Environmental Check List for UKL/UPL and SOP

Subproject that is not fall under Category A or need an AMDAL, may require a UKL/UPL or SOP. Preparation of a UKL/UPL must be in accordance with the Decision of the State Minis-ter of the Environment No. 86/2003 concerning Guidance for the Preparation of UKL/UPL. In addition, UKL/UPL or SOP for each subproject must also adopt the environmental checklist provided in Annex 4 as a binding requirement. Procedures in preparing the UKL/UPL is shown in Figure 1. The SMT will monitor and oversee the compliance of the proponent agency on the regulation and the checklist during the preparation of the UKL/UPL and SOP. The Bappedalda or Dinas Lingkungan will use the regulation and the environmental checklist as their basis to review the UKL/UPL. The requirement to adopt the Decision of the State Minister of the Environment No. 86/2003 and the environmental checklist for preparing the UKL/UPL and SOP by the subproject proponent and for overseeing and reviewing them by the SMT and the Bappedalda/Dinas Lingkungan will be put in the USDRP Project Operation Manual.

4. FUNCTION AND RESPONSIBILITIES OF INSTITUTIONS INVOLVED

1.6. Involved Agencies at Local Level

Agencies at local level are involved in various aspects and stages of the implementation of safeguard framework. Basically, they can be divided into two categories, i.e.: implementing and monitoring agencies.

A. Implementing Agencies:

i) Subproject Proponent. The proponent of a subproject is participating ULG, through their relevant line department (Dinas). The proponent is re-sponsible to prepare TOR, ANDAL and RKL/RPL, or UKL/UPL (for Environ-mental Assessment, as well as to supervise their implementations;

ii) Relevant AMDAL Committee. AMDAL Committee is the authorized agency responsible to review and approve TOR, ANDAL and RKL/RPL. Ac-cording to Government Regulation (PP) No. 27/1999 concerning AMDAL, Ar-ticle 8, relevant AMDAL Committee for USDRP subprojects will most likely be the municipal/district AMDAL Committee (if existing), or Provincial AMDAL Committee.

iv. Bappeda – Badan Perencanaan Pembangunan Daerah (Local Development Planning Board) is typically responsible to coordinate the preparation of the




Mid-term Local Development Program (PJM). In that regard, Bappeda will be able to conduct initial screenings of proposed subprojects in accordance with the safeguard requirements.

iii) Bapedalda - Badan Pengendalian Dampak Lingkungan Daerah –(Envi-ronmental Impact Management Agency, at ULG level) or Bapedal Kota/Kabu-paten, is the authorized agency responsible to conduct government tasks in the field of environmental impact management, which includes, among other duties, to prevent and to mitigate environmental impacts. According to De-cree of State Minister for the Environment No. 86 year 2003, Bapedalda, or Dinas for Environmental Issue within the ULG, is also responsible to review and approve UKL/UPL. With regard to USDRP, Bapedalda may be asked to supervise the proponent in implementing RKL/RPL, and to monitor the quality of the environment in general. Bapedalda is a permanent member of local AMDAL Committee. Typically, their office is also acting as the secretariat of the AMDAL Committee.

B. Monitoring Agencies:

i) Safeguard Monitoring Team (SMT). SMT is a team established at ULG level prior to the preparatory stage of the subprojects. Assignments of the team includes (but not limited to) the following: to set up screening criteria for selection of subprojects (in accordance with safeguards requirements), to monitor and oversee the subproject’s compliance with the framework, to me-diate and solve problems between or among parties in the implementation of the safeguard framework. SMT constitutes representatives of Bappeda, Bapedal kota/kabupaten, and relevant ULG Dinas or units at the local govern-ment, and NGOs whose activities focusing on environmental, land, and/or hu-man rights issues. The non-governmental members of the SMT must be se-lected by the SF. The SMT is coordinated by the Assistant I under the Sekda Office. The establishment of the SMT shall be endorsed through a Mayor’s/Bupati’s decree.

ii) Between these two categories of agencies there is a forum which role is to advise the implementing agencies during the preparation stage of the sub-projects, and to involve, through its members, to monitor their implementation against safeguard requirements.

iii) Stakeholder Forum (SF). SF is an informal representation of elements of the civil society, such as local NGOs, local university lecturers, opinion lead-ers, traditional leaders, religious leaders, as well as members of local council and local government officials – all in their personal capacities, committed to discuss constructively and contribute to local urban development issues and to suggest ways to improve them. USDRP promotes such an approach as means to increase public participation. SF involves in the review of TOR, AN-DAL and RKL/RPL (Environmental Assessment) as a consulting body. If nec-essary, proponent of the subproject should also consult the Forum during im-plementation of RKL/RPL. Members of this Forum will also be selected as members of the SMT.




1.7. Involved Agencies at National Level

Various agencies are involved at the National level, especially those who will be directly in-volved in USDRP implementation and of various aspects and stages of the application of the safeguard framework. They are:

A. Executing Agency (ExA). For USDRP the Ministry of Settlements and Regional Infra-structure is the ExA on behalf of the Government of Indonesia (GOI).

B. National Management Consultant (NMC). On behalf of ExA, NMC is responsible to manage overall day to day operation of the project. As such NMC is to report to the ExA, at least on a monthly basis.

C. The World Bank (WB). WB is the creditor who finances a part or entire parts of the subprojects, and consequently it has the right to review and to approve TOR, draft ANDAL, and RKL/RPL. The Bank will only review draft UKL/UPL randomly.

1.8. Institutional Arrangement

With regard above definition of roles, the following two tables illustrate the institutional frame-work to prepare and approve AMDAL and reporting relationship among the involved agen-cies.

Table 3: Institutional Arrangements for AMDAL Preparation

No. EA Stage Conducted by Consult withApprove (preparation

stage) or Overseen (imple-mentation stage)

Report to

1. Preparation

TOR, draft AN-DAL and RKL/RPL

Proponent of sub-project, i.e. a Di-nas within the lo-cal government

Stakeholders Forum (SF) and PAP

Relevant AMDAL Com-mittee, and the Bank

NMC, cc ExA and the Bank

UKL/UPL Proponent of sub-project, i.e. a Di-nas within the lo-cal government

Bapedalda, or Dinas for Environmental Issue. The Bank reviews UKL/UPL randomly

NMC, cc ExA and the Bank

2. Implementa-tion:

Supervision of RKL/RPL

Proponent of sub-project (may be supervised by Bapedalda).

SF and PAP (if necessary)

Safeguard Monitoring Team (SMT)

ExA cq NMCBapedalda 1)

GovernorThe Bank

1) Bapedalda subsequently reports its monitoring and evaluation to State Minister of the Environ-ment at least twice a year, CC to licensing agency and the Governor.

To ensure that responsible agencies do have sufficient capacity to carry out their duties effi-ciently it is suggested to analyze present management capacities and to conduct trainings to improve delivery and management capacity of the key agencies involved, namely Safeguard Monitoring Team, Bapedalda and the related subproject proponent (Dinas).




5. LEGAL CONSIDERATION

A. The ultimate legal basis of AMDAL preparation and implementation is the effective USDRP loan agreement between GOI and the Bank. For the Bank content of this agreement is dictated by its operational procedures set forth in its various op-erational policies. The Bank accepts procedures and standards of AMDAL prepara-tion and implementation provided in the national regulations. For GOI policies for AMDAL is stated in law no. 23/1997, government regulation 27/1999, and various de-crees of the State Minister of the Environmental and other Technical Ministries, as il-lustrated at the Annex 3.

B. Preparation of TOR, ANDAL and RKL/RPL should be reviewed and en-dorsed by an authorized body (relevant AMDAL Committee for AMDAL, and the Bank). Together with reporting mechanisms of this safeguard as mentioned in the in-stitutional arrangements, this approval mechanism aimed at ensuring that the prepa-ration and implementation of AMDAL follow certain procedures and standards.

4. Table 3: Institutional Arrangements for AMDAL Preparation

Table 4: Institutional Arrangements for Land Acquisition Plan Preparation




Annex 1: Project Type Map

Types of Cost Recovery Projects Types of Non-cost Recovery ProjectsDefinition: a project that generates direct fi-nancial revenues in the form of user charges (tariffs or levies)

Definition: a project that is not a cost recovery project

Examples of eligible projectsHospitals (other than Puskesmas) PuskesmasPregnancy clinics (Rumah Bersalin) Kampung improvementMarket development Elementary and secondary schoolsSolid waste collection (excl. TPAs) Final Solid Waste Disposal Composting facilities Drainage and flood controlTransport terminals Traffic management infrastructurePublic transport services Land consolidationParking lots Environmental protectionSlaughter houses Elderly houses (panti asuhan)Human waste collection (excl. jamban umum) Community sanitation (jamban umum)Water supply systems Erosion protectionToll roads and toll bridges Roads and bridges (not tolled)Housing Micro-irrigationPublic cemeteries Youth centersCold storage facilities LibrariesStorage facilities for agricultural products MuseaRadio and TV infrastructure Social rehabilitation centersTouristic objects ParksRecreation facilities Incineration facilitiesSports facilitiesConvention centersFerriesPort facilitiesE-government facilitiesKawasan Siap Bangan (Kasiba)Notes:- If a project is in any of the above lists, it will not be automatically approved

- Cost recovery projects which are not financially feasible do n qualify for grant funding

- Cost recovery projects with an element of subsidy are to be classified as 'cost recovery'

- Pilot projects in the list of cost recovery projects are to be classified as 'cost recovery'

- If a local government deliberately attempts to restructure a project in such a way that it avoids being classified as 'cost recovery', it will be excluded from the appraisal process for a period of maximally three years

- If a proposed project is not in the above lists, the Tim Penilai will classify the project based on the definition of a cost recovery project




Source: Consultant




Annex 2: USDRP Safeguard Organization


USDRP Project:\Staff Files\Charts\Project Organization Safeguard.ppt

APPRAISAL COMMITTEE

LINE MINISTRIES

EXECUTING AGENCY KIMPRASWIL - DGURD EXECUTING AGENCY

KIMPRASWIL - DGURD BAPPENASBAPPENAS MINISTRY OF FINANCE

MINISTRY OF FINANCE

BUPATI/WALIKOTA

BUPATI/WALIKOTA

PROVINCIALGOVERNMENT


INTER-MINISTERIALSTEERING COMMITTEE


CPMU

CPMO

CPFO

CPRS UIDF

CONSULTANT

PPMUPPMU

PMUPMU

CONSULTANTCONSULTANT

PROJECT PROPOSALS

PROJECT PROPOSALS

SECRETARYSECRETARY BAGIAN

BAPPEDA DINAS LH OTHER DINASES BUMD

PIU PIU

WORLD BANK

Central Level

Provin

cial

LevelCity Level

CONSULTANTCONSULTANT CONSULTANTCONSULTANT PIUCONSULTANTCONSULTANT

LOCALASSEMPLY

(DPRD)

LOCALASSEMPLY

(DPRD)URBAN FORUMURBAN FORUM

SMTSMT

= Project Implementation Support

= Structural Institutions

= Optional

SMTSMT = Safeguard Monitoring Team

AUAUAUAU = Anchor Unit (Procurement Reform)

BADANEACEAC

EACEAC = EA Committee PIUCONSULTANTCONSULTANT


APPRAISAL COMMITTEE

LINE MINISTRIES



MINISTRY OF FINANCE

BUPATI/WALIKOTA

BUPATI/WALIKOTA





CPMU

CPMO

CPFO

CPRS UIDF

CONSULTANT

PPMUPPMU

PMUPMU


PROJECT PROPOSALS

PROJECT PROPOSALS



PIU PIU

WORLD BANK

Central Level

Provin

cial

LevelCity Level


LOCALASSEMPLY

(DPRD)

LOCALASSEMPLY


SMTSMT



= Optional



BADANEACEAC



APPRAISAL COMMITTEE

LINE MINISTRIES



MINISTRY OF FINANCE

BUPATI/WALIKOTA

BUPATI/WALIKOTA





CPMU

CPMO

CPFO

CPRS UIDF

CONSULTANT

PPMUPPMU

PMUPMU


PROJECT PROPOSALS

PROJECT PROPOSALS



PIU PIU

WORLD BANK

Central Level

Provin

cial

LevelCity Level


LOCALASSEMPLY

(DPRD)

LOCALASSEMPLY


SMTSMT



= Optional



BADANEACEAC



APPRAISAL COMMITTEE

LINE MINISTRIES



MINISTRY OF FINANCE

BUPATI/WALIKOTA

BUPATI/WALIKOTA





CPMU

CPMO

CPFO

CPRS UIDF

CONSULTANT

PPMUPPMU

PMUPMU


PROJECT PROPOSALS

PROJECT PROPOSALS



PIU PIU

WORLD BANK

Central Level

Provin

cial

LevelCity Level


LOCALASSEMPLY

(DPRD)

LOCALASSEMPLY


SMTSMT



= Optional



BADANEACEAC




Annex 3: Type of Sector and Project Scale that require AMDAL or UKL/UPLThe need to prepare AMDAL or UKL/UPL for USDRP subprojects is triggered mainly by the following prevailing Indonesian regulations:

1. Decree of the State Minister of the Environment No. 17/2001, dated 22 May 2001; and

2. Decree of the Minister of Settlements and Regional Infrastructure No. 17/KPTS/2003, dated 3 February 2003

SECTOR and ACTIVITYSCALE

ANDAL5 UKL/UPL6

Water Supplya. Development of distribution network (serving area) 500 Ha 100 - < 500 Hab. Development of piped transmission network (length) 10 km 2 - < 10 km

c. Water intake from surface spring water, river, lake, or other sources (intake debit)

250 l/sec 50 - < 250 l/sec

d. Development of water treatment plant (debit) - > 50 l/sec

e. Ground water intake 50 l/sec > 5 - < 50 l/sec

Solid Wastea. Final disposal with control landfill system/sanitary

landfill (non-hazardous waste)- Area coverage, or- Total capacity

≥ 10 Ha 10.000 ton

< 10 Ha< 10.000 ton

b. Final disposal in tides area7

- Landfill coverage, or- Total capacity

≥ 5 Ha 5.000 ton

< 5 Ha< 5.000 ton

c. Development of transfer station- Operational capacity 1.000 ton/

day< 1.000 ton/day

d. Final disposal with open dumping system All size -

e. Development of Incinerator - All size

f. Building for composting and recycling - 4 ton/day> 500 m2

Construction of WWTP & Seweragea. Waster water treatment plant (feces) 2 Ha < 2 Ha

5 See Decree of the State Minister of the Environment No. 17/2001 dated 22 May 2001 on Types of Activities that Need to be Accompanied by AMDAL

6 See Decree of the Minister of Settlements and Regional Infrastructure No. 17/KPTS/2003, dated 3 February 2003 on Types of Activities that Need to be Accompanied by UKL/UPL.

7 This applies for controlled landfill in tides area as well





ANDAL UKL/UPLb. Waste water treatment plant 3 Ha < 3 Ha

c. Sewerage piping 500 Ha < 500 Ha

Drainagea. Development of drainage in large city / metropolitan

area- Primary drainage (length)- Secondary and tertiary drainage (length)

≥ 5 km≥ 5 km

< 5 km1 – 5 km

b. Development of drainage in medium-sized city - Primary drainage (length)- Secondary and tertiary drainage (length)

≥ 10 km≥ 10 km

< 10 km2 – 10 km

c. Development of drainage in small-sized city - > 5 km

River Normalization/Flood Canala. Metropolitan or big city

- Length, or- Volume of dredging, or- Area coverage

≥ 5 km 500.000 m3

-

1 - < 5 km-1 - 5 Ha

b. Medium-sized city- Length, or- Volume of dredging

≥ 10 km 500,000 m3

3 - < 10 km-

c. Small city*)- Length; or- Volume of dredging

≥ 13 km≥ 500,000 m3

3 – 13 km-

d. Rural area- Length, or- Volume of dredging

≥ 15 km 500.000 m3

5 - < 15 km-

e. Waterway diversion - All size

RoadDevelopment and/or road betterment with broadening of road outside Right of Waya.1 Metropolitan/big city

- Length, or- Area coverage

≥ 5 km 5 Ha

1 - < 5 km2 - < 5 Ha

a.2 Medium-sized city- Length, or - Area coverage

≥ 10km 10 Ha

3 - < 10 km5 - < 10 Ha

a.3 Small city*)- Length; or- Area coverage

≥ 20 km≥ 15 Ha

4 - 20 km7 - 15 Ha

a.4 Rural area – inter urban, length 30km 5 - < 30 km





ANDAL UKL/UPLRoad betterment with broadening inside Right of Way

Large city / metropolitan for arterial road/collector road (length) - 10 km

Bridge (New Construction)a. Large city (length)b. Medium-sized city (length)

- ≥ 20 m 60 m

Construction of Harbora. Pier with massive construction

- Length, or - Coverage

≥ 200 m 6.000 m2

No specific decree pro-duces by the Depart-ment of Transportation (re. harbor) nor the De-partment of Agriculture (re. fish harbor) con-cerning UKL/UPL. So any reasonable sizes of facilities below the stan-dard set up by the above-mentioned de-cree of the State Minis-ter of the Environment concerning AMDAL may be considered to need UKL/UPL.

b. Break water 200 mc. Supporting infrastructure 5 Ha

d. Single Point Mooring Buoy 10.000 DWTFish Harbora. Length of pierb. Industrial estate (fishing)c. Depth of water ways in the pier

≥300 m≥ 10 Ha -4 m LWS

Housing/Residentiala. Metropolitan city (coverage)b. Large city (coverage)c. Small to medium-sized city (coverage)

≥ 25 Ha≥ 50 Ha 100 Ha

2 - < 25 Ha2 - < 50 Ha2 - < 100 Ha

Building Construction (Education, trading, offices, religion place etc)a. Area coverage, orb. Building coverage

≥ 5 Ha 10.000 m2

-< 10.000 m2

New Construction for Resettlementa. Number of persons removed, or

b. Area coverage

≥ 200 house-holds 100 Ha

50 – 200 households

2 Ha – 100 HaKampung Improvement Program (KIP)8 UKL/UPL, according to the World Bank’

practices

8 This is not included in the above-mentioned decrees




*) These are not included in the above decrees. These numbers are the results of interpola-tion, based on the criteria applied to other categories of city at the associated sector and ac-tivity.

Classification of cities:

Types of Cities Number of Population

1. Metropolitan city ≥ 1,000,000 (in its main city)2. Large city 500,000 – 1,000,000 3. Medium-sized city 100,000 - 500,000 4. Small city 100,000

Rural areas: 20,000 inhabitants




Annex 4: Environment Checklist for each Subproject Activity

For All sub-projects1. Detailed description of engineering aspects of the project with proper maps2. Identification of environmentally sensitive spots in proper maps

(1) Schools, hospitals, residential houses(2) Water intakes(3) River, ponds, lakes, irrigation channels(4) Environmentally protected areas(5) Cultural relics

3. Development of particular mitigation measures for the sensitive sites4. Identification of major environmental issues to be addressed with priority

Water Supply1. Identification of impacts to the downstream areas of the water source2. How to treat the sludge from the purification process3. Where to dump the sludge

Solid Waste / Construction of WWTP & sewage1. Compliance with regulations on the structure of the facility2. Detailed analysis of the impacts to surface water bodies, underground water and soil3. Identification of access roads for garbage collection trucks4. Identification of environmentally sensitive spots along access roads5. Identification of dumping sites for sludge from the operation of WWTPs6. Identification of dumping sites for construction wastes from sewage7. Identification of dumping site for septic tank sludge (if not dumped in WWTP)

Drainage / River normalization / Flood Cannel / Harbor1. Identification of sources of pollutants, such as heavy metals and persistent organic com-

pounds (PCB, DDT, etc.)2. Identification of the quantity of materials to be dredged3. Experiment of the quality of materials to be dredged4. Identification of dumping sites

Road1. Identification of relationships between environmentally protected areas and project sites

on maps2. Identification of material sources (quarries and borrow-pits) and dumping sites.




3. Identification of environmentally sensitive spots along access line between the construc-tion sites and material sources or dumping sites

Bridge1. Identification of environmental impacts to the areas where the traffic volumes would in-

crease because of the construction of a new bridge.

Housing / Residential area development1. Identification of relationships between environmentally protected areas and project sites

on maps2. Detailed description on solid and liquid waste treatment methods3. Identification of environmental impacts, including traffic jams, by the increased traffic in

the future and mitigation measures4. Identification of impacts on hydrology within the development area

Building 1. Confirmation of no-purchase of asbestos and pesticides2. Detailed description of garbage collection systems and wastewater treatment3. Identification of environmental impacts, including traffic jams, by the increased traffic in

the future and mitigation measures

KIP (Kampung Improvement Program)1. Identification of relationship between environmentally protected areas and project sites

on maps;2. Detailed description on solid and liquid waste treatment methods;3. Identification of environmental impacts, including traffic jams, by the increased traffic in

the future and mitigation measures; and4. Identification of impacts on hydrology within the development area






